Murray McIver v. SSA Commissioner
- Laura Swain
- 1:22-cv-00515
- U.S. District Court · Southern District of New York
- 1
In Murray McIver v. SSA Commissioner, Chief Judge Swain dismissed the complaint without prejudice after Plaintiff neither filed an IFP application nor paid filing fees.
Tamicko D. Murray McIver's complaint was dismissed without prejudice because Plaintiff did not submit the required application to proceed without paying fees or pay the $402 filing fee. Fee-free status was also denied for any appeal.
What happened
In Tamicko D. Murray McIver v. SSA Commissioner, et al., the court had ordered Plaintiff to submit an application to proceed without paying fees or pay the required $402 filing fee within 30 days.
Plaintiff did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
Chief Judge Laura Taylor Swain issued the dismissal on February 23, 2022, and directed the Clerk of Court to mail the order to Plaintiff and record service on the docket.
The detailed version
- Murray McIver v. SSA Commissioner · No. 1:22-cv-00515
- Laura Swain
- Feb. 23, 2022
Background
By an order dated January 20, 2022, the court directed Plaintiff to either submit a completed application to proceed without paying the filing fees or pay the $402 required to file a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Court’s Ruling
Plaintiff did not submit the application or pay the fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal from the order would not be taken in good faith and denied Plaintiff permission to proceed without paying fees for the appeal under 28 U.S.C. § 1915(a)(3). The Clerk of Court was directed to mail Plaintiff a copy of the order and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.